Agenda item

COUNCIL STANDING ORDERS 1.2(B) AND 4.1(B) (Recommendation from the Constitution Review Working Party, 27 April 2010)

Prior to the establishment of, and appointments to, Committees of the Council, Council is RECOMMENDED TO RESOLVE recommendations (1), (2) and (3) of the Constitution Review Working Party:

 

(1)        The Constitution Review Working Party unanimously RECOMMENDED TO COUNCIL that Standing Order 1.2(b) and (c) be amended to read as follows (new wording in bold italics):

1.2              Selection of Councillors on Committees and Outside Bodies

(b)       Executive Members shall be entitled to sit on the following committees as ex officio members:

·                      Employment Committee: Executive Member with responsibility for staffing matters;

·                      Licensing Committee, Licensing Committee (2003 Act), Licensing Committee (2005 Gambling Act): Executive Member with responsibility for licensing matters;

·                      Planning Committee: Executive Member with responsibility for development control matters.

(c)        Executive Members shall not be entitled to sit upon the following committees:

·                      Corporate Governance Committee;

·                      Electoral Arrangements Committee;

·                      Scrutiny and Overview Committee;

·                      any other scrutiny and overview committee.

 

(2)        The Working Party, with three in favour and one against, RECOMMENDED TO COUNCIL that Standing Order 4.1(b) be amended to read as follows:

(b)       Executive Members shall be allowed to substitute on all committees other than the Scrutiny and Overview Committee or any other scrutiny and overview committee.

 

(3)        The Working Party unanimously RECOMMENDED TO COUNCIL that each political group could nominate up to four named substitutes in a hierarchical list for appointment by Council at the Annual General Meeting and that Standing Orders 1(b) and 4.1(a) be amended as follows:

1(b)      The annual meeting will…

(viii)         appoint at least four substitutes per committee from each political group in a hierarchical list to all committees and sub-committees other than the Standards Committee;

[subsequent paragraphs to be renumbered accordingly]

 

4.1       Allocation

(a)        Substitutes will be allowed on committees and sub-committees, and Council may allocate seats for substitute members on outside or joint bodies, where those bodies allow.  The substitute must be a member of the same political group as the member for whom they are substituting.  Substitute members will be appointed in a hierarchical list by Council at its Annual Meeting. 

Decision:

Council RESOLVED that Council Standing Orders in Part 4 of the Council’s Constitution be amended as follows:

 

(1)        That Standing Order 1.2(b) and (c) be amended to read as follows (new wording in bold italics):

1.2              Selection of Councillors on Committees and Outside Bodies

(b)            Executive Members shall be entitled to sit on the following committees as ex officio members:

·                      Employment Committee: Executive Member with responsibility for staffing matters;

·                      Licensing Committee, Licensing Committee (2003 Act), Licensing Committee (2005 Gambling Act): Executive Member with responsibility for licensing matters;

·                      Planning Committee: Executive Member with responsibility for development control matters.

(c)            Executive Members shall not be entitled to sit upon the following committees:

·                      Corporate Governance Committee;

·                      Electoral Arrangements Committee;

·                      Scrutiny and Overview Committee;

·                      any other scrutiny and overview committee.

 

(2)        That Standing Order 4.1(b) be amended to read as follows:

(b)       Executive Members shall be allowed to substitute on all committees other than the Scrutiny and Overview Committee or any other scrutiny and overview committee.

 

(3)        That Standing Orders 1(b) and 4.1(a) be amended as follows:

1(b)            The annual meeting will…

(viii)         appoint up to four substitutes per committee from each political group in a hierarchical list to all committees and sub-committees other than the Standards Committee;

[subsequent paragraphs to be renumbered accordingly]

 

4.1            Allocation

(a)        Substitutes will be allowed on committees and sub-committees, and Council may allocate seats for substitute members on outside or joint bodies, where those bodies allow.  The substitute must be a member of the same political group as the member for whom they are substituting.  Substitute members will be appointed in a hierarchical list by Council at its Annual Meeting. 

Minutes:

All three recommendations from the Constitution Review Working Party were proposed by Councillor Charlie Nightingale and seconded by Councillor Ray Manning.  Any Executive Members serving as ex officio members on a committee would be appointed to seats from within their party’s allocation, and that ex officio members would have full voting rights.

 

A vote was taken and, with thirty votes in favour, twenty-two against and four abstentions, Council RESOLVED that Council Standing Order 1.2(b) in Part 4 of the Council’s Constitution be amended as follows (new wording in bold italics):

1.2              Selection of Councillors on Committees and Outside Bodies

(b)            Executive Members shall be entitled to sit on the following committees as ex officio members:

·                     Employment Committee: Executive Member with responsibility for staffing matters;

·                     Licensing Committee, Licensing Committee (2003 Act), Licensing Committee (2005 Gambling Act): Executive Member with responsibility for licensing matters;

·                     Planning Committee: Executive Member with responsibility for development control matters.

 

A vote was taken and, with forty-five votes in favour, eight against, one abstention, and two Members not voting, Council RESOLVED that Council Standing Order 1.2(c) in Part 4 of the Council’s Constitution be amended as follows:

(c)            Executive Members shall not be entitled to sit upon the following committees:

·                     Corporate Governance Committee;

·                     Electoral Arrangements Committee;

·                     Scrutiny and Overview Committee;

·                     any other scrutiny and overview committee.

 

In response to questions it was confirmed that the Constitution Review Working Party had considered the issue of Executive Members serving as substitute members of the Corporate Governance Committee, but had recommended to Council, with one voting against, that Executive Members could serve as substitutes on all bodies except the Scrutiny and Overview Committee or any other scrutiny and overview committees.  Members debated whether it was appropriate to have Executive Members serving as substitutes on the Corporate Governance Committee, which monitored areas of Executive responsibility, and the importance of ensuring that meetings could not be rendered inquorate if non-Executive substitutes could not be found when full committee Members were unable to attend.  Members were advised that the Chartered Institute of Public Finance and Accountancy (CIPFA) guidance stated that Executive Members could serve on audit committees, but not as Chairmen.  Substitute members on any Council bodies would have full voting rights.

 

A vote was taken and, with thirty votes in favour, twenty-five against and one Member not voting, Council RESOLVED that Council Standing Order 4.1(b) in Part 4 of the Council’s Constitution be amended as follows:

 (b)            Executive Members shall be allowed to substitute on all committees other than the Scrutiny and Overview Committee or any other scrutiny and overview committee.

 

Members noted that the proposal to have substitutes appointed by the full Council was a good management principle, and that all substitutes would be required to undertake the same training as full Committee members before being eligible to serve.

 

A vote was taken and, with fifty-one votes in favour, two against and two abstentions, Council RESOLVED that Council Standing Order 1(b) and 4.1(a) in Part 4 of the Council’s Constitution be amended as follows:

1(b)      The annual meeting will…

(viii)         appoint up to four substitutes per committee from each political group in a hierarchical list to all committees and sub-committees other than the Standards Committee;

[subsequent paragraphs to be renumbered accordingly]

 

4.1            Allocation

(a)            Substitutes will be allowed on committees and sub-committees, and Council may allocate seats for substitute members on outside or joint bodies, where those bodies allow.  The substitute must be a member of the same political group as the member for whom they are substituting.  Substitute members will be appointed in a hierarchical list by Council at its Annual Meeting.